TERMS & CONDITIONS OF 15th NOVEMBER 2024

KINDLY READ THROUGH THIS WEBSITE TERMS & CONDITIONS (“AGREEMENT”) THOROUGHLY BEFORE USING THE WEBSITE, AS IT CONTAINS CRUCIAL DETAILS OF YOUR RIGHTS, REMEDIES, AND RESPONSIBILITIES. UNLESS EXPLICITLY STATED OTHERWISE FOR SPECIFIC DISPUTES, BOTH YOU AND THE COMPANY COMMIT TO RESOLVING DISAGREEMENTS AMICABLY, POTENTIALLY THROUGH NEGOTIATION. THE OPTION FOR PARTICIPATING IN A CLASS-ACTION LAWSUIT IS RELINQUISHED BY BOTH YOU AND THE COMPANY. IN THE EVENT THE AFOREMENTIONED CLASS ACTION WAIVER IS DEEMED UNENFORCEABLE, THAT PARTICULAR PROVISION WILL BE CONSIDERED VOID AND EXCISED FROM THE AGREEMENT, WHILE THE REMAINING OBLIGATIONS WILL ENDURE IN THEIR ENTIRETY.

I. SUBJECT MATTER

This Agreement outlines the terms and conditions on which Web3 Software OÜ, registered and acting under the laws of Estonia, registered address: Harju maakond, Tallinn, Nõmme linnaosa, Rännaku pst 12, 10917, with registration number 16465008 (referred to as "Company") will provide services (hereinafter the "Services") to you through the website https://starheroes.io/ (hereinafter the "Website").

Within this Agreement, mentions of we/our/us regard the Company. Any allusions to User/Users/you/your denote you in your capacity as a User of the Company Services and Website.

Upon registering to use any Service via the Website or any affiliated websites, you acknowledge that you are familiar with, understand, and have no objections to all the terms and conditions outlined in this Agreement. Additionally, you agree that you have acquainted yourself with our privacy policy accessible at PRIVACY POLICY (referred to hereinafter as the "Privacy Policy"). The use of the Service provided by the Company will be governed by this Agreement, and by engaging with it, you commit to abiding by the terms and conditions specified herein. This Agreement becomes effective upon your confirmation.

IF YOU DISAGREE WITH THE TERMS SET OUT IN THIS AGREEMENT, REFRAIN FROM USING THE SERVICE OR THE WEBSITE.

II. TECHNICAL REQUIREMENTS

The technical requirements for the use of the Website are as follows:

• An Internet-connected device equipped with the latest operating system, Internet access, and a contemporary standard web browser,
• Cookies and JavaScript enabled in the web browser,
• A screen resolution of at least 1280x720 pixels when viewing the Website.

III. ELIGIBILITY

To qualify for using any Service on the Website, you must:

• Be a minimum of 18 years old, or meet the legal age requirement as per the applicable law of your residence,
• Possess full legal capacity to engage in legally binding agreements,
• Be a resident in a country where the pertinent Services are accessible, or if you are at least 13 years old, conduct transactions under the authorization of your legal representative for use on the Website or for free use (Demo).

The User is obligated to refrain from undertaking any actions that might negatively affect the proper functioning of the Website. Specifically, it is prohibited to disrupt in any manner the Content posted on the Website and to furnish unlawful content during the use of the Website.

LEGAL REPRESENTATIVES' NOTICE: By authorizing your minor to access the Website, you consent to this Agreement on behalf of your minor. You are accountable for overseeing your minor's online activities. If you do not agree with this Agreement, do not allow your minor to use the Website.

IV. WEBSITE ACCESS SERVICE

The Agreement between the User and the Company for the use of the Website and its Services is executed when the User accesses the Website.

By entering into the Agreement, the User, acting on its own behalf,

• A. Represents his/her authorization and legal capacity to enter the Agreement,
• B. Confirms awareness of and compliance with the Agreement and Privacy Policy,
• C. Consents to be bound by the Agreement and Privacy Policy. Continued utilization of the Website and Service serves as a manifestation of the will to be bound by the Agreement and an acknowledgment of the Privacy Policy. The User is permitted to use the Website and/or the Website Access Service (as defined below) solely for its individual use.

The Service allowing access to the Website (referred to hereinafter as: “Website Access Service”) is a Service that allows the User to reach any software, applications, databases, graphic design, images, logos, texts, screenshots, videos, tools, audio recordings, printouts, solutions, articles, opinions, analysis, or any other data or materials provided by the Company on the Website or during the use of the Service (referred to hereinafter as "Content") accessible on the Website. This includes the Content describing the Service found on the Website.

The Content, including graphical elements, is safeguarded by copyright, trademark protection rights (or priority rights to trademark registration), and other intellectual property rights. The Company does not transfer any copyrights or furnish licenses for the use of the Content available on the Website or Service beyond the license specified in Chapter 5. Consequently, any use of the Website's Content beyond the licensed scope may be considered a violation of the Company intellectual property rights.

All information presented on the Website is intended solely for informational purposes and should not be interpreted as professional advice. It is advised that you neither take nor abstain from any action based on the information found on the Website. Prior to making any financial, legal, or other decisions, it is recommended to thoroughly review the terms and conditions, scrutinize the underlying blockchain, and seek guidance from an expert, as needed.

Members of the StarHeroes DAO community operate autonomously from the Company. We bear no responsibility for the actions of entities not affiliated with the Company.

THE COMPANY UNDERLINES THAT IT EXCLUSIVELY OFFERS THE WEBSITE ACCESS SERVICE. OTHER SERVICES BEING SUPPLIED BY THIRD-PARTY SERVICE PROVIDERS.

V. LICENCE

Throughout the duration of this Agreement, the Company grants you with a worldwide, non-exclusive, non-transferable, and royalty-free license, within the scope required for using the Website.

The User acknowledges that all intellectual property rights related to the Website and its individual components, such as videos, audios, source codes, images, logos, trademarks, or any other materials, including but not limited to copyright, patents, trademark rights, knowhow, are owned by the Company. The Company does not, in any way:

• A. Assign, transfer, or sell its intellectual property rights, particularly copyrights, to the User, nor does it
• B. Grant any license to the User beyond the specified license.

You consent to grant the Company a perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable, and transferable license to any Content submitted via the Website, for any action restricted by any intellectual property right (including copyright) reasonably connected to the provision and operation of the Website. These actions include the right to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your content. Moreover, you authorize us to use and, to the fullest extent, release your intellectual property rights to any feedback, reports, or suggestions submitted for the purpose of enhancing the Website and the Service provided by us. The Company is not obligated to compensate you for the use of such intellectual property in the way described in this paragraph.

The User is granted authorization to use the Website exclusively for the User's personal use. Any data or materials on the Website, both those protected under copyright law and those that are not, may not be utilized for the User's commercial activities.

VI. RISKS DESCRIPTION

By using the Website, you acknowledge that you accept the risks as follows:

• A. In cases where there is a market or pricing for Digital Assets, these markets and prices exhibit significant volatility. Fluctuations in the price of Digital Assets could substantially and negatively impact the value of any Digital Assets you possess, and there is no assurance that your Digital Assets will possess or maintain any value.
• B. The commercial or market value of Digital Assets you acquire may significantly decrease due to various factors such as adverse publicity, blockchain malfunctions, and more.
• C. Functionalities like staking, vesting, or similar should not be considered as investments, deposits, or loans, nor do they guarantee any returns. Committing your Digital Assets to such functionalities may result in them being locked up for extended periods. Participation in these functionalities carries inherent technological, market, and liquidity risks, and you assume these risks at your own discretion.
• D. Using Digital Assets involves risks, including but not limited to hardware, software, and Internet connection failures, the introduction of malicious software, and the possibility of unauthorized access by third parties to information stored in your Wallet or elsewhere. We are not liable for any such incidents, regardless of the cause.
• E. Modifications to the Website, a hard fork, or other alterations, failures, or halts to the protocol or its supporting blockchain, or changes in transaction confirmation methods in the Website may unintentionally have adverse effects on all blockchains utilizing such technologies.
• F. Tokens are intangible digital assets existing solely based on ownership records in a given blockchain. Moreover, smart contracts are executed and recorded on the decentralized ledger. The Company has no control over and provides no guarantees, warranties, or promises regarding smart contracts.
• G. We do not make any assurances or guarantees concerning third parties offering Services related to the Website, including but not limited to the ongoing availability and protection or storage of your Digital Assets or any data provided to those parties.
• H. Risks include the potential loss of access to your Digital Assets due to the loss of private key(s), custodial error, or user error.
• I. Risks encompass hacking, security vulnerabilities, fraud, counterfeiting, cyber-attacks, and other technological challenges.
• J. Risks include changes to the regulatory framework governing blockchain technologies, cryptocurrencies, and tokens, as well as new regulations and unfavorable regulatory interventions in one or more jurisdictions, any of which may significantly impact the use and value of tokens or the Website.
• K. Taxation related risks.
• L. Digital Assets are not recognized as legal tender and lack backing from any government.
• M. Any use or engagement with the Website requires a thorough understanding of applied cryptography and computer science to grasp inherent risks, including those outlined above. You agree and confirm that you possess the requisite knowledge and skills. References to specific types of Digital Assets on the Website do not indicate our endorsement or disapproval of the underlying technology for such Digital Assets and should not substitute for your own comprehension of the risks associated with each type. We provide no warranty regarding the suitability of referenced Digital Assets and assume no fiduciary duty in our interactions with you.
• N. Inherent security risks are present in sharing information and engaging in online activities over the Internet.
• O. You acknowledge and agree to the risk of operational challenges. The Website may be subject to elaborate cyber-attacks, unexpected activity surges, or other operational or technical issues leading to interruptions or delays. You consent to the risk of Website failure resulting from unforeseen or heightened technical challenges. We do not guarantee that the Website is or will remain up-to-date, complete, accurate, or secure, nor do we guarantee uninterrupted access. The Website may contain inaccuracies, errors, or materials conflicting with this Agreement. Unauthorized alterations by third parties to the Website or its underlying software may occur. Therefore, it is your responsibility to verify all information on the Website before relying on it, and any decisions based on the information are solely your responsibility, with no liability on our part.

In addition to accepting all the aforementioned risks, you acknowledge that you have gathered sufficient information to make well-informed decisions regarding the purchase, sale, transfer, holding, display, and any other actions involving Digital Assets. You comprehend and agree that you bear sole responsibility for assessing the nature, potential value, suitability, and appropriateness of these risks for yourself.

We cannot guarantee that any Digital Assets, or their supporting systems or technology, are reliable, current, or free of errors, meet your requirements, or that defects in the Digital Assets, their supporting systems or technology, will be rectified.

VII. CANCELLATIONS AND REFUNDS

Once an order is placed on the blockchain, it cannot be canceled or recalled. You acknowledge and agree that, given the nature of blockchain technology and the service, the Company lacks the capability to block any transaction.

The Company does not function as an intermediary, custodian, or executor in any transaction carried out using the service. Consequently, you agree that the Company has no power to cancel or refund any transactions conducted through its service.

VIII. AMENDMENTS TO THE AGREEMENT

The Company reserves the right, at its sole discretion, to modify this Agreement at any time and will update the Agreement if any such amendments occur. Reasons for revising the Agreement may include, but are not limited to, changes due to legal, regulatory, or technical reasons, or changes to enhance user experience, interface functionalities, Service features, or operational efficiencies.

If you continue to access or use the service, you accept the revised Agreement and all the terms incorporated therein by reference. We recommend reviewing the Agreement regularly to ensure comprehension of the terms and conditions applicable when accessing or using the service. If you disagree with the revised Agreement, refrain from accessing or using the Website or the service.

All other amendments to the Agreement may be made by posting the revised Agreement (terms and conditions) on the Website, indicating when the changes take effect. While we will attempt to provide advance notice where possible, when lawful, we may specify that the revised Agreement is effective immediately. If you disagree with any such modification, discontinue the use of the Website and the service.

Any amendment to the Agreement will not impact the rights acquired by the User prior to the amendment, except where the unilateral alteration of such conditions conflicts with applicable consumer law.

IX. FEES

Please note that transactions using blockchain networks are intrinsically subject to gas fees. On certain transactions, these gas fees may surpass the value of the transaction.

THE COMPANY DOES NOT OFFER ANY SERVICES TO USERS OR HANDLE, HOLD, AND/OR RECEIVE PAYMENTS FOR DIGITAL ASSETS. WE DO NOT CHARGE ANY FEES FOR ANY SERVICES PROVIDED ON THIS WEBSITE.

X. PROTECTION OF THE USER’S DATA

The Company is committed to safeguarding your data, including personal data, and utilizing the data in accordance with the procedures outlined in the Privacy Policy, accessible via the link: Privacy Policy .

XI. LIABILITY

This clause outlines the overall financial liability for any actions, representations, misrepresentations, omissions, or tortious acts attributable to the Company, its employees, agents, and subcontractors concerning and resulting from this Agreement.

This Agreement explicitly excludes all implied warranties, representations, conditions, and any other terms mandated by applicable law to the maximum extent allowed by such laws.

The Company provides all Services through the Website on an "as is" and "as available" basis without any warranties. The Company explicitly disclaims all warranties, including non-infringement, merchantability, and fitness for a specific purpose. The Company is not liable for financial damages, loss of profits, substitute goods or Services costs, data loss, goodwill loss, work stoppage, computer/device or technology failure, or any direct or indirect damages or legal actions related to digital assets, Company or related parties’ technology, including associated blockchains. You acknowledge the inherent security risks of online information sharing and transactions, and agree that we are not liable for security breaches unless due to gross negligence. If applicable law doesn't allow the above liability limitation, it applies only to the extent permitted by applicable law.

The user hereby consents that this limitation of liability is applicable to any event, to the maximum extent allowed by applicable law.

XII. WARRANTIES AND REPRESENTATIONS

The Company assures, represents, and commits to delivering the Service with reasonable care and skill.

THE WEBSITE OPERATES AS AN INFORMATION SOCIETY SERVICE. WE ARE NEITHER A BROKER, FINANCIAL INSTITUTION, EXCHANGE, GENERAL-PURPOSE CRYPTOCURRENCY WALLET, AGENT, LEGAL ADVISOR, NOR CREDITOR. THE COMPANY HAS NO FIDUCIARY RELATIONSHIP OR OBLIGATION TO YOU REGARDING ANY DECISIONS OR ACTIVITIES AFFECTED BY YOU THROUGH THE WEBSITE. THE SERVICES SERVE AS AN ADMINISTRATIVE PLATFORM ONLY.

ANY COMMUNICATION OR INFORMATION PROVIDED BY THE COMPANY SHOULD NOT BE CONSTRUED AS A SOLICITATION FOR AN OFFER TO BUY, INVESTMENT ADVICE, FINANCIAL GUIDANCE, LEGAL COUNSEL, OR ANY OTHER FORM OF ADVICE. TRANSACTIONS ON THE WEBSITE WILL BE AUTOMATICALLY EXECUTED BASED ON THE PARAMETERS YOU SET, WITHOUT THE COMPANY INVOLVEMENT. IT IS YOUR RESPONSIBILITY TO ASSESS THE SUITABILITY OF ANY FEATURES ON THE WEBSITE AND THEIR ALIGNMENT WITH YOUR INTERESTS, CONSIDERING YOUR JUDGMENT, OBJECTIVES, CIRCUMSTANCES, AND RISK TOLERANCE. YOU ASSUME SOLE RESPONSIBILITY FOR ANY RESULTING LOSSES OR LIABILITIES. PRIOR TO EXECUTING ANY TRANSACTION, SEEK ADVICE FROM YOUR INDEPENDENT FINANCIAL, LEGAL, OR TAX PROFESSIONALS. THE COMPANY BEARS NO LIABILITY FOR THE DECISIONS YOU MAKE THROUGH THE WEBSITE.

The Company does not represent or warrant that the Services are applicable or appropriate for use by Users in all jurisdictions, and it is the User’s responsibility to ensure compliance with the laws of any relevant jurisdiction of the User’s residence.

XIII. TERM AND TERMINATION

This Agreement will remain in effect unless either party (Company or the User) provides notice of termination to the other party, in a format that can be reproduced in writing.

The Company has the authority to immediately suspend, restrict, or terminate your access to the Website Access Service for any reason. These reasons include, but are not limited to:

• Our discovery that your use of the Website Access Service violates applicable legislation and/or is unlawful,
• There is a potential for liability of any kind arising from continued Service provision.

The user has the right to terminate your agreement with the Company at any time by delivering the appropriate notice of termination to legal@gameswift.io.

XIV. GOVERNING LAW AND LEGAL DISPUTES

Any issues arising from this Agreement will be governed by and interpreted in accordance with the substantive laws of Estonia.

In the event of a dispute between you and the Company, it is strongly recommended to first contact us directly for resolution. For any service-related complaints, you are encouraged to reach out to us at legal@gameswift.io.

If negotiations fail to settle any dispute, disputes arising from or related to this Agreement will be resolved by the Harju County Court, or any other applicable entity.

XV. FINAL PROVISIONS

The Agreement takes effect on 15th November 2024.

If any provision of the Agreement is deemed invalid or ineffective, either in whole or in part, by a court of law or another competent authority, or if the invalidity or ineffectiveness arises from binding legal provisions, or if any provisions prove impossible to implement, the remaining provisions of the Agreement shall remain in force and fully effective.

In matters not covered herein, the relevant provisions of law shall be applicable. It is clarified that none of the Agreement's provisions shall restrict the rights of the consumer under applicable mandatory law. If a provision of this nature arises, the applicable law's provisions shall take precedence.

All warranties, representations, conditions, and any other terms implied by applicable provisions of law are expressly excluded from the Agreement to the maximum extent permitted by applicable law.